Robin Lepage v. State of Idaho and Arvon J. Arave

LePage was convicted of first degree murder in Idaho and sentenced to life imprisonment plus 15 years. He appeals from denial of his petition for writ of habe-as corpus. LePage claims that evidence was erroneously admitted in violation of Massiah v. United States, 377 U.S. 201 , 84 S.Ct. 1199 , 12 L.Ed.2d 246 (1964); that he was denied effective assistance of counsel and that Idaho violated his procedural due process rights.

We find the Massiah error harmless beyond a reasonable doubt. LePage’s remaining claims are without merit. We affirm.

I

LePage and John Messinese escaped together from a state hospital several days before Kurt Cornelison was murdered. Shortly after the escape, LePage stole a pistol from a parked car. LePage and Messinese then attended a beer party, where LePage argued with Kurt Corneli-son. No violence occurred at the party.

After the party, LePage and Messinese stole a pickup truck and drove out of town. Just outside town, they saw Cornelison hitchhiking on the roadside. LePage yelled “there’s that son-of-a-bitch,” jumped out of the truck, and killed Cornelison with a single gunshot to the head. LePage put the body in the back of the pickup and drove to a…